Questions at elections previous to making voters' roll. See ibid., s. 70. Local Government Municipalities. 103. AT every election of mayor, councillors, and auditors. when there is no voters' roll in force, the returning officer shall put to every person tendering his vote the questions following: (1.) What is your name in full; are you a British subject, (2.) Are you the occupier or owner, and which, of ratable (4.) Have you already voted at this present election? And no other question shall be put to any person tendering his vote, and no person who shall refuse to answer any of such questions, or whose answers to the same shall not show his right to give such vote, shall receive a ballot paper, or ballot papers, or be permitted to vote. 104. AT all elections of mayor, councillors, or auditors, where Questions to be put there is a voters' roll in force, the returning officer may, if he see fit, or, if required so to do by any scrutineer, shall put to any person tendering his vote the questions following: to voter at all other elections. 59 Vict., No. 10, s. 70. Local Government Provisions with respect to ballot paper inadvertently spoilt. 59 Viet., No. 10, s. 71. (1.) Are you the person whose name appears as A.B. in the roll now in force for this municipality (or ward. as the case may be) being enrolled therein in respect of land described to be situated in (here specify the street or other place described in the roll)? (2.) Have you already voted at the present election? And no other question shall be put to any person tendering his vote, and no person who shall refuse to answer any of such questions, or who shall not answer the first of such questions absolutely in the affirmative, and the second of such questions absolutely in the negative, shall receive a ballot paper or ballot papers or be permitted to vote. 105. A VOTER at such election who has inadvertently dealt with ballot any paper in such a manner that it cannot conveniently Or properly be used as a ballot paper may, on delivering to the returning officer the ballot paper so inadvertently dealt with, and proving the fact of the inadvertence to the satisfaction of the returning officer, obtain another ballot paper in the place of the ballot paper so delivered up; and the said ballot paper shall be cancelled and destroyed, and a memorandum of such cancellation and destruction indorsed on the counterfoil thereof. 106. 106. Municipalities. See ibid., s. 72. Conference minutes. (1.) WHENEVER at any election a person entitled to Voting in absence in vote is desirous of voting and is resident in the Colony but more than certain cases. ten miles distant from the place of such election, it shall be lawful for such person, at any time within one month previous to the date of such election, to go before a Resident or Police Magistrate or Justice of the Peace or postmaster, or some other person duly appointed by the Governor by notice in the Government Gazette Eighth Schedule. as a person authorised to take votes at elections, and demand to be allowed to vote for the municipality or ward of municipality for which he is qualified to vote as aforesaid, and the said Resident or Police Magistrate or Justice of the Peace or postmaster or appointee as aforesaid shall then write the name of the municipality or ward of municipality for which such person desires to vote, and also the name and address of such person, and the date on two counterfoils, each of which shall be marked by the same number, and shall, having signed his name on the back of a voting paper, give the same to such elector and on the face of such voting paper the Resident Magistrate or Police Magistrate or Justice of the Peace or postmaster or appointee as aforesaid, shall write simply the name of the municipality, and if necessary the ward of such municipality for which the voter proposes to vote, and on the back shall be a number corresponding to the number upon the aforesaid counterfoils: and the voter having received the said paper, shall write thereon the name of the candidate or candidates, specifying whether for the office of mayor, councillor or councillors, auditor or auditors for whom he votes, and shall then fold it up, and in the presence of the said Resident or Police Magistrate, Justice of the Peace, postmaster, or appointee as aforesaid, shall then put one of the corresponding counterfoils into a separate envelope, and shall seal up such envelope, and shall write the word "Counterfoil" on both sides thereof, and shall put the voting paper into another envelope and seal it up, and write the word voting paper on both sides thereof, and shall then himself send both envelopes enclosed together in a second envelope, by post or otherwise, to the returning officer. (2.) The returning officer, on receipt of any such envelopes, shall, without opening them, retain them in his possession until the commencement of the poll, and shall at any convenient time or times, during or immediately after the taking of the poll in the presence of the scrutineers, proceed to open the envelopes containing the counterfoils, and having made a mark on the copy of the electoral roll in use at his polling place, against the name of each person who appears by such counterfoils to have voted, shall keep such counterfoils in the same manner as the counterfoils of the ballot papers used by him at such election. Having thus dealt with the counterfoils, the returning officer shall proceed to open the envelopes containing the voting papers, allowing the scrutineers the opportunity (if Ascertainment of the poll. Ibid., s. 75. Municipalities. (if they desire it) of seeing that the seals of the said envelopes are intact: and as he takes out any voting paper from its envelope, he shall, without opening the same, deposit it in the ballot box. (3.) Any person who shall have been to a Resident or Police Magistrate, or Justice of the Peace, or postmaster, or appointee as aforesaid, for the purpose of voting under this section, and shall have complied with the provisions of this section, shall be deemed to all intents and purposes to have voted at such election, although the said envelopes or either of them may not have been sent to the returning officer, or although they or either of them have miscarried. (4.) For all subsequent purposes, the returning officer shall treat any counterfoils and voting papers received in accordance with the provisions of this section in the same way that he is required to treat counterfoils of ballot papers given by himself to voters, and ballot papers received by himself from voters. The voting papers and counterfoils to be used under this section shall be in the form given in the Schedule hereto. (5.) Any voting paper, in the form prescribed in the Eighth Schedule, shall be and shall be held to be in due and proper form so far as a name of a candidate is concerned, provided the name of a candidate for whom the voter desires to vote be lawfully indicated as aforesaid. 107. (1.) THE returning officer, on the closing of the poll at any election, shall, in the presence of such candidates and scrutineers as are then in attendance, open the ballot boxes and examine the ballot papers and voting papers, and thereby ascertain the result of the election. And in so doing the returning officer may reject as null and void any ballot paper on which is written any matter or thing which is not justified by this Act to be written thereon, or any ballot paper or voting paper by which any voter purports to vote for more candidates than he is entitled to vote for, or to give more votes than he is entitled to give, and any voting paper whereon the name or names of the candidate or candidates, as the case may be, for whom the voter votes is not intelligibly expressed and in a manner to be commonly understood, but no voting paper shall be otherwise rejected for mere want of form, and if any voter entitled to more than one vote omits to specify on his voting paper the number of votes to which he is entitled, such voting paper shall be deemed to have one vote specified thereon; and the returning officer shall indorse on any ballot-paper or voting paper which he rejects, the word "rejected," and the returning officer shall be the sole judge as to whether any ballot paper or voting paper shall be rejected or not: Provided always, that his decision shall be subject to reversal by the Supreme Court. (2.) Municipalities. (2.) The returning officer, having ascertained the respective results of such poll, shall then and there declare the name or names of the person or persons who have been duly elected to the respective offices for which such election has been held; and in the event of the number of votes being equal for any two or more candidates for such respective offices, such returning officer shall, by his casting vote or votes, decide which of the said candidates shall be elected. Disposal of ballot 108. THE returning officer shall, after the declaration of the poll, cause all the parcels of ballot and voting papers to be sealed up, papers. indorsed with a description of the contents thereof, and delivered Ibid., s. 79, slightly to the town clerk, to be safely kept for six months after such altered. delivery, and such town clerk shall, after the expiration of six months, cause such papers to be destroyed in the presence of three of the councillors. Publication of result 109. THE town clerk shall, after every election for the office of mayor, councillor, or auditor, make a return to the Minister, stating of elections in the names of the successful candidate or candidates at such election, Government Gazette. and their respective offices, for publication in the Government Ibid., s. 76. Gazette, and the production of a copy of the Government Gazette containing any such notice shall be prima facie evidence that the person or persons named therein have been duly elected to fill the respective offices therein mentioned. polling in case of 110. WHEN the proceedings at any election are interrupted or obstructed by any riot or violence, the returning officer shall Adjournment of not finally close the poll, but shall adjourn the taking of such poll riot. until the day following, and if necessary, shall further adjourn such Ibid., s. 77. poll until such interruption or obstruction has ceased, when such Local Government returning officer shall again proceed with the taking of such poll. Act (Vic.), s. 132. 111. IF from any cause not being such as in the last pre- Adjournment, when ceding section mentioned, after a poll stands appointed for any from some cause no election, no such election takes place on the day appointed for the election held. same, the election shall stand adjourned until the same day of the Local Government following week, and the returning officer shall give not less than Act (Vic.), s. 133. three days' previous notice thereof by advertisement or by placards affixed in public places within the municipality. 112. NO election shall be deemed to be void in consequence Errors of form not to solely of any delay of any of the stages of such election beyond vitiate elections. the time appointed, or of any error on the part of the returning Ibid., s. 78. officer, which does not affect the result of such election, or of any error, defect, or impediment of a merely formal nature; and the Governor may adopt, or cause to be adopted, such measures as are neces sary Failure to elect on Municipalities. sary to remove any obstacle by which the due course of any election is likely to be impeded, and may supply any deficiency that would otherwise affect the same: Provided always, that any measures so adopted shall be forthwith published in the Government Gazette. 113. IF at any election of mayor, councillors, or auditors no vacancies or a number of vacancies less than the whole number which other cases to create should have been filled up at such election are filled up, then the day to be deemed in extraordinary vacancy. Local Government Act (Vic.), s. 134. to hold election. Ioid., s. 134. vacancies which are not so filled up shall severally be deemed extraordinary vacancies, and to have occurred on the day appointed for such election, or to which the same may have been or may stand adjourned as before provided: Provided always, that the councillors eventually elected to fill such vacancies shall go out of office as if elected at such election. 114. IF on any day appointed for holding an election of mayor, Provision on failure councillor or councillors, auditor or auditors, no election is held, then the vacancies which ought to have been filled up at such election shall severally be deemed to be extraordinary vacancies, and to have occurred on the day appointed for such election, or to which the same may have been or may stand adjourned: Provided always, that the mayor, councillor or councillors, auditor or auditors, eventually elected to fill such vacancies, shall go out of office as if elected at such election. Election not to be questioned for defect of title. 115. NO election shall be liable to be questioned by reason of any want or defect of title of any person by or before whom such election shall have taken place, if such person shall have See 59 Vict., No. 10, acted at such election, nor by reason of any formal error or defect in any declaration or other instrument, or in any publication made under this Act, or intended so to be, nor by reason of any publication being out of time. s. 78. Local Government Act (Vic.), s. 136. 116. NO advantage shall be taken of the invalidity of any Invalidity of elec- election in any action or suit by or against the council, but every such action shall be tried as if no such objection existed. tion no plea to action. Application of moneys deposited on nomination. Local Government 117. THE returning officer shall, where a poll takes place for any election of mayor, councillor or councillors, auditor or auditors, apply the moneys so paid as aforesaid at the time of nomination by any such candidates as shall not at such election have received a number of votes equal at least to one-fifth part of the votes given to the successful candidate, or, if there be more than one vacancy to be filled, to such one of the persons declared elected at such election, as has had the least number of votes thereat, in and towards defraying the necessary expenses incident to such election, whether incurred before |